No. 20-542
Republican Party of Pennsylvania v. Veronica Degraffenreid, Acting Secretary of Pennsylvania, et al.
Tags: constitutional-authority election-law elections-clause electors-clause federal-election-day federal-election-statutes judicial-interpretation mail-in-ballots mail-in-voting pennsylvania-supreme-court preemption
Key Terms:
Securities
Securities
Latest Conference:
2021-02-19
(distributed 4 times)
Related Cases:
20-574
(Vide)
Question Presented (AI Summary)
Whether the Pennsylvania Supreme Court majority usurped the Pennsylvania General Assembly's plenary authority
Question Presented (OCR Extract)
QUESTIONS PRESENTED A Pennsylvania statute unambiguously provides that absentee and mail-in ballots must be received by Election Day. Brushing that requirement aside, a 4— 3 majority of the Pennsylvania Supreme Court extended the deadline by three days. The majority also required election officials to presume that any ballot received by its judicially created deadline that lacks an intelligible postmark was mailed by Election Day, unless a preponderance of the evidence demonstrates otherwise. The questions presented are: 1. Whether the Pennsylvania Supreme Court majority usurped the Pennsylvania General Assembly’s plenary authority to “direct [the] Manner” for appointing electors for President and Vice President, U.S. Const. art. II, § 1, cl. 2, and broad power to prescribe “[t]he Times, Places, and Manner” for congressional elections, id. art. I, § 4, cl. 1. 2. Whether the majority's extension and presumption are preempted by federal statutes that establish a uniform nationwide federal Election Day.
Docket Entries
2021-02-22
Motion of Thomas J. Randolph, et al. to intervene as respondents dismissed as moot.
2021-02-22
Motion of Donald J. Trump for President, Inc. for leave to intervene as petitioner dismissed as moot.
2021-02-22
Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-542_2c83.pdf'>Opinion</a>) Justice Alito, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-542_2c83.pdf#page=12'>Opinion</a>)
2021-02-22
Motion for leave to file amicus brief filed by Honest Elections Project GRANTED.
2021-02-12
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-11
DISTRIBUTED for Conference of 1/15/2021.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-15
Reply of petitioner Republican Party of Pennsylvania filed. (Distributed)
2020-11-30
Waiver of right of respondents Various Respondents to respond filed.
2020-11-30
Brief of respondent Kathy Boockvar in opposition filed.
2020-11-25
Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed.
2020-11-24
Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020, for all respondents.
2020-11-23
Motion to extend the time to file a response from November 25, 2020 to November 30, 2020, submitted to The Clerk.
2020-11-13
Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund.
2020-11-09
Reply of applicant Republican Party of Pennsylvania filed.
2020-11-08
Letter of respondent Kathy Boockvar, Secretary of Pennsylvania filed.
2020-11-07
Response to application from respondent Luzerne County Board of Elections filed.
2020-11-07
Response to application from respondent Kathy Boockvar, Secretary of Pennsylvania filed.
2020-11-06
Application (20A84) for injunctive relief pending the disposition of the petition for certiorari, submitted to Justice Alito.
2020-11-06
Response to application from respondent Pennsylvania Democratic Party filed.
2020-11-06
Order issued by Justice Alito: All county boards of election are hereby ordered, pending further order of the Court, to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept “in a secure, safe and sealed container separate from other voted ballots,” and (2) that all such ballots, if counted, be counted separately. Pa. Dep’t of State, Pennsylvania Guidance for Mail-in and Absentee Ballots Received From the United States Postal Service After 8:00 p.m. on Tuesday, November 3, 2020 (Oct. 28, 2020); Pa. Dep’t of State, Canvassing Segregated Mail-in and Civilian Absentee Ballots Received by Mail After 8:00 p.m. on Tuesday, November 3, 2020 and Before 5:00 p.m. on Friday, November 6, 2020 (Nov. 1, 2020). Until today, this Court was not informed that the guidance issued on October 28, which had an important bearing on the question whether to order special treatment of the ballots in question, had been
modified. The application received today also informs the Court that neither the applicant nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them.
I am immediately referring this application to the Conference and direct that any response be filed as soon as possible but in any event no later than 2 p.m. tomorrow, November 7, 2020.
2020-11-06
Reply in Support of Motion for Leave to Intervene as a Petitioner filed.
2020-11-05
Response to motion from respondent Luzerne County Board of Elections filed.
2020-11-05
Response to motion from respondent Pennsylvania Democratic Party filed.
2020-11-05
Response to motion from respondent Kathy Boockvar filed.
2020-11-05
Response to motion from petitioner Republican Party of Pennsylvania filed.
2020-11-04
Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m.
2020-11-04
Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed.
2020-10-29
Notice of withdrawal of motion to recuse from counsel for respondent Luzerne County Board of Elections submitted. (Received November 2, 2020)
2020-10-28
Letter of October 28, 2020 from counsel for respondent Kathy Boockvar, Secretary of State of Pennsylvania filed.
2020-10-28
Motion to expedite consideration of the petition for a writ of certiorari DENIED. Justice Barrett took no part in the consideration or decision of this motion. Statement of Justice Alito, with whom Justice Thomas and Justice Gorsuch join. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-542_i3dj.pdf'>Opinion</a>)
2020-10-27
Reply in Support of Motion to Expedite Consideration filed.
2020-10-26
Response to motion from respondent Kathy Boockvar filed.
2020-10-26
Motion for leave to file amicus brief filed by Honest Elections Project.
2020-10-25
Response to motion from respondent Pennsylvania Democratic Party filed.
2020-10-23
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.
2020-10-23
Petition for a writ of certiorari filed. (Response due November 25, 2020)
2020-10-19
Application (20A53) denied by the Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application.
2020-10-19
Application (20A53) referred to the Court.
2020-10-06
Reply of applicants Joseph B. Scarnati III, et al. filed.
2020-10-05
Motion for leave to file amicus brief filed by Christian Family Coalition Florida, Inc.
2020-10-05
Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund.
2020-10-05
Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Oklahoma, et al.
2020-10-05
Response to application from respondents Pennsylvania Democratic Party, et al. filed.
2020-10-05
Response to application from respondent Luzerne County Election Board filed.
2020-10-05
Response to application from respondents Kathy Boockvar, et al. filed.
2020-10-02
Motion for leave to file amici brief filed by Tom Ridge, et al.
2020-09-30
Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Bryan Cutler, et al.
2020-09-29
Response to application (20A53) requested by Justice Alito, due Monday, October 5, by 3 p.m.
2020-09-28
Application (20A53) for a stay, submitted to Justice Alito.
Attorneys
Adams County
Molly Ruth Mudd — Adams County Solicitor's Office, Respondent
Molly Ruth Mudd — Adams County Solicitor's Office, Respondent
Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC
William Jeffrey Olson — William J. Olson, P.C., Amicus
William Jeffrey Olson — William J. Olson, P.C., Amicus
Honest Elections Project
David B. Rivkin Jr. — Baker & Hostetler LLP, Amicus
David B. Rivkin Jr. — Baker & Hostetler LLP, Amicus
Luzerne County Board of Elections
Joseph Matthias Cosgrove — Selingo Guagliardo LLC, Respondent
Joseph Matthias Cosgrove — Selingo Guagliardo LLC, Respondent
Pennsylvania Democratic Party
Donald B. Verrilli Jr. — Munger, Tolles & Olson LLP, Respondent
Donald B. Verrilli Jr. — Munger, Tolles & Olson LLP, Respondent
Republican Party of Pennsylvania
John Matthew Gore — Jones Day, Petitioner
John Matthew Gore — Jones Day, Petitioner
State of Missouri
D. John Sauer — Office of the Attorney General, Amicus
D. John Sauer — Office of the Attorney General, Amicus
State of Ohio
State of Oklahoma
Mithun Mansinghani — Solicitor General, Amicus
Mithun Mansinghani — Solicitor General, Amicus
Various Respondents
Molly Elizabeth Meacham — Babst Calland Clements and Zomnir, PC, Respondent
Molly Elizabeth Meacham — Babst Calland Clements and Zomnir, PC, Respondent
Veronica Degraffenreid
John Bartley DeLone — Attorney General's Office, Respondent
John Bartley DeLone — Attorney General's Office, Respondent